MOBILE COUNTY, Ala. — A Mobile County jury on Tuesday, Sept. 22, found a Grand Bay woman guilty of child abuse and aggravated child abuse, according to Mobile County court documents. She is scheduled to be sentenced in November.
Erin Griffith, 28, was convicted on both counts after a jury trial. Officials said the case involved a child who was struck on the head and body with an object, and that the abuse happened on more than one occasion.
Sentencing is set for Nov. 5.
What prosecutors alleged
According to officials, Griffith physically tortured, abused and cruelly beat a child by striking the child on the head and body with an object. Officials said the abuse was part of a pattern that occurred more than once.
To protect the child’s privacy, this report does not identify the child or include details that could identify the child. Officials have not publicly described the child’s current condition.
The charges under Alabama law
Alabama’s child abuse law is found in Title 26, Chapter 15 of the Code of Alabama. The two offenses in this case build on each other.
Child abuse
Under Section 26-15-3, a “responsible person” who tortures, willfully abuses, willfully mistreats, cruelly beats or otherwise willfully maltreats any child under 18 commits child abuse. The law defines a responsible person to include parents, legal guardians, custodians and others who have permanent or temporary care or custody of a child or responsibility for the child’s supervision.
Child abuse is a Class C felony in Alabama.
Aggravated child abuse
Section 26-15-3.1 raises the offense to aggravated child abuse in certain circumstances, including when the abuse involves acts that take place on more than one occasion, when it causes serious physical injury, or when it happens in violation of a court order or injunction.
Aggravated child abuse is generally a Class B felony. The statute makes it a Class A felony when the child is under age 6 and certain additional conditions are met, such as abuse on more than two occasions or abuse causing serious physical injury. Publicly available information does not specify which subsection applies in Griffith’s case.
Officials’ description that the abuse happened on more than one occasion matches one of the conditions the law uses to define the aggravated offense.
Possible sentences
Alabama’s general felony sentencing law, Section 13A-5-6 of the Code of Alabama, sets these ranges of imprisonment:
- Class A felony: 10 to 99 years, or life
- Class B felony: 2 to 20 years
- Class C felony: 1 year and 1 day to 10 years
The sentence Griffith ultimately receives will be decided by the judge at the Nov. 5 hearing. Judges consider a number of factors, including the specific offenses, Alabama’s sentencing standards, any prior record and arguments from prosecutors and the defense. Whether sentences on the two counts run at the same time or back to back is also up to the court.
How a felony verdict is reached
In Alabama, felony cases are tried in circuit court. A jury of 12 hears the evidence, and a guilty verdict in a criminal case must be unanimous. Prosecutors carry the burden of proving each element of each charge beyond a reasonable doubt.
In this case, the jury returned guilty verdicts on both counts on Tuesday. Because aggravated child abuse is defined in part by conduct that also amounts to child abuse, the two charges are closely linked, and the verdicts reflect jurors’ findings on each one.
What happens next
Between a guilty verdict and sentencing, the court typically receives a presentence report and gives both sides a chance to argue for a particular sentence. A defendant convicted at trial may also file post-trial motions and has the right to appeal the conviction to the Alabama Court of Criminal Appeals.
Griffith’s sentencing hearing is set for Nov. 5 in Mobile County Circuit Court.
Where to get help
Anyone who suspects a child is being abused or neglected in Alabama can report it to the county Department of Human Resources office or to local law enforcement. In an emergency, call 911.
In Mobile County, child abuse and neglect reports can be made to the Mobile County Department of Human Resources at 251-450-7018. The department’s main office is at 3103 Airport Blvd. in Mobile. State DHR asks that reports not be sent by email; call instead.
For purposes of abuse and neglect reporting, Alabama considers anyone under 19 a child, because the age of majority in the state is 19.
The Childhelp National Child Abuse Hotline is available 24 hours a day at 1-800-422-4453 for anyone who needs help, has questions or wants guidance on how to make a report.
Alabama law requires certain professionals, including teachers, doctors, nurses, social workers, day care workers and members of the clergy, to report suspected child abuse. Any other person may also make a report, and people who report in good faith are protected under state law.